Greg Barnbrook

Expertise

• Commercial property disputes
• Commercial landlord and tenant
• Forfeiture, rent recovery and other enforcement methods
• 1954 Act lease renewals (disputed and undisputed)
• Dilapidations
• Break options
• Breach of quiet enjoyment and derogation from grant disputes
• Service charge and rent review
• Tenancy insolvency issues
• Breaches of leasehold covenants/restrictive covenants
• Property sale disputes
• Property development issues including conditional contracts and overage clauses, rights to light, retention of deposits and modification of covenants
• Rights of way and adverse possession
• Squatters
• Professional negligence against property professionals such as builders, surveyors, architects and property lawyers
• TOLATA and proprietary estoppel claims for beneficial interests
• Residential possessions
• Property advisory work

Experience

• Advised a large group of landlord companies across a portfolio of properties with retail and leisure tenants affected by closure due to COVID-19. Advice included the effect of the moratorium on forfeiture in the Coronavirus Act 2020, issues caused by tenant insolvency and CVAs and negotiating and drafting an agreement across 20 sites tenanted by a large national restaurant chain.
• Successfully represented the Respondent in the Court of Appeal (Bright Asset Ltd v Simon Lewis [2011] EWCA Civ 122) following a trial regarding an agreement entered into between a shareholder and managing director of a failing company and a company providing corporate debt solutions.
• Successful appeal in the Upper Tribunal (T Hilling & Co Ltd Re Tixley, Hookstone Lane [2016] UKUT 60 (LC)). The case involved a fair rent under the Rent (Agriculture) Act 1976 and the appeal was successful on the sufficiency of reasons ground. The Upper Tribunal also considered the scope of the FTT’s jurisdiction under Part IV of the Rent Act 1977 when a party objects to the rent registered by a rent officer. The appeal has been the subject of several articles.
• Acted for clients in a discharge/modification of covenant claim in the Upper Tribunal (Davie & another, Re: 15 Arun Vale [2016] UKUT 0462 (LC)). Subsequently acted in the related costs proceedings.
• Acting on behalf of individuals and BVI companies in High Court claims concerning monies entrusted for investment in central London property. The claim is concerned with the misappropriation of substantial sums in rental and other income, the unauthorised sale of one of the properties, and the unauthorised transfer of security in one of the properties.
• Successful settlement of a case involving an investment into a £3m property fraud (which came to light following the death of the fraudster). The money was invested via a third party who had given a personal guarantee.
• Advised two large national restaurant chains in relation to a site share of a prime London site (worth in excess of £400K per annum) resulting in a successful negotiation for the clients with the landlord.
• Secured a beneficial settlement for a client in relation to a portfolio of properties worth approximately £2.5m originally subject to foreign court orders and subsequently two appeals in the foreign jurisdiction. The litigation then proceeded with beneficial interest claims in England.
• Acted for a professional landlord against a neighbouring freeholder and their insurer in relation to several residential properties for loss of rent caused by fire damage blocking the only access to the flats for a period in excess of three years. The matter eventually settled and a six-figure sum was obtained for the client.
• Advised a large international (Holland-based) logistics client in relation to an early break on a lease for a very large warehouse in Essex. This included advice in relation to giving vacant possession in a way which ensured that the break was effective and the client was not held into the remaining term (as per Marks and Spencer plc v BNP Paribas) resulting in an unwanted lease with a total remaining value in excess of £3m. A further beneficial settlement was then negotiated in relation to dilapidations which involved repairs alleged in excess of circa £200K–£300K.
• Appeared as the advocate in the High Court for the defendant to an unspecified damages claim made by the defendant’s tenant. The claim involved multiple parties including an international telecoms company and a local authority. Succeeded in having the claim struck out and obtained an order for the client’s costs to be paid by the claimant.

Please note: The experience list above may include examples of work completed prior to joining Keystone Law.

Recognition

Recognised by The Legal 500 (2022-2023) for Property Litigation

“Greg Barnbrook provided consistent and ongoing support in a complex case.” The Legal 500 2023

“Greg Barnbrook is an excellent solicitor with a commercial mind and a fierce persona in protecting his client’s interests.” The Legal 500 2023

“Greg Barnbrook was always helpful and would ensure we fully understood our position and options at every stage of the process.” The Legal 500 2023

“Greg Barnbrook and his colleagues are a pleasure to work with. His ability to clearly articulate the law to his clients is highly valued and we appreciate his counsel. He is always very prompt and professional – we look forward to continuing working with Greg.” The Legal 500 2022

Recognised in The Legal 500 (2016 to 2020) for Property Litigation

“Greg Barnbrook’s understanding of the restaurant sectors is second to none and he is particularly commercially-minded when crafting solutions.” The Legal 500 2019

Member of the Property Litigation Association

Member of the Professional Negligence Lawyers Association

Member of the Solicitors Association of Higher Court Advocates

Career

Greg qualified as a solicitor in 2008. Prior to joining Keystone Law in 2020, he worked at the following firms:

• Fletcher Day
• Setfords
• Colemans-Ctts
• Hallett & Co